Washington Lemon Law: Do You Qualify?

Washington lemon law at a glance

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The "eligibility period" ends two years after original delivery to the consumer or at the first 24,000 miles of operation, whichever occurs first (RCW 19.118.021(6)). The manufacturer must repair a nonconformity reported during the eligibility period or the written warranty period, whichever is less, even if the repairs are made after the period ends (RCW 19.118.031(3)). The eligibility period and the thirty-day out-of-service period are extended by time repair services are unavailable because of a strike, war, invasion, fire, flood, or other natural disaster (RCW 19.118.031(8)).

Covered vehicles

A "new motor vehicle" is a new self-propelled vehicle, including a new motorcycle (engine displacement of at least 750 cubic centimeters), primarily designed to carry persons or property on public highways, originally purchased or leased at retail from a new motor vehicle dealer or leasing company in this state; a demonstrator or lease-purchase vehicle with a manufacturer's warranty is included (RCW 19.118.021(9), (12)). Excluded: trucks of 19,000 pounds or more gross vehicle weight rating, and vehicles bought or leased by a business as part of a fleet of ten or more at one time or under a single agreement. For a motor home the chapter covers the self-propelled vehicle and chassis, not the mobile dwelling, office or commercial space. A member of the armed forces stationed or residing in Washington is covered wherever the vehicle was bought.

Repair attempts

A reasonable number of attempts is deemed undertaken if the same serious safety defect has been subject to diagnosis or repair two or more times and continues to exist, or the same nonconformity four or more times and continues to exist, with at least one attempt during the period of coverage of the manufacturer's written warranty; or if, within twelve months, two or more different serious safety defects have each been subject to diagnosis or repair one or more times, with an attempt for each during the written warranty and within the eligibility period (RCW 19.118.041(2)). A "serious safety defect" is "a life-threatening malfunction or nonconformity that impedes the consumer's ability to control or operate the new motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion" (RCW 19.118.021(19)). A motor home has its own counts and a final repair attempt (RCW 19.118.041(3)).

Days out of service

A cumulative total of thirty calendar days out of service by reason of diagnosis or repair of one or more nonconformities, at least fifteen of them during the period of the manufacturer's written warranty (RCW 19.118.041(2)(c)); the Attorney General's booklet adds that they must also fall in the eligibility period, and that days count whether or not the defect was repaired. Sixty calendar days for a motor home (RCW 19.118.041(3)(a)(iii)).

Written notice

Send the manufacturer a written request to replace or repurchase the vehicle, to its corporate, dispute resolution, zone, or regional office address; it must act within forty calendar days of the request (RCW 19.118.041(1)). The statute names no mail method; the Attorney General advises certified mail with a return receipt. For a motor home, written notice to each motor home manufacturer and its final repair attempt are part of the presumption (RCW 19.118.041(3)(a), (b)).

Used vehicles and leases

There is no separate used-vehicle law. A later buyer is a "consumer" if the transfer, lease or purchase was made "during the duration of the eligibility period", and the rights "extend to a subsequent transferee" (RCW 19.118.021(4), (20); RCW 19.118.130). The Attorney General: "You do not have to be the original owner to request arbitration." The vehicle must still have been first bought or leased at retail in Washington. A lessee is covered: on a repurchase the manufacturer refunds all payments made under the lease, with the capitalized cost as the purchase price (RCW 19.118.041(1)(b); RCW 19.118.021(15)(a)).

State program before a lawsuit

Before filing any superior court action a consumer "shall exhaust the new motor vehicle arbitration board remedy or informal dispute resolution settlement procedure under RCW 19.118.150" (RCW 19.118.080(3)). Manufacturers must submit to arbitration requested within thirty months of original delivery and accepted by the Attorney General (RCW 19.118.090(3)); the Attorney General's office must receive the request in that time, and the period is extended while a request is pending (WAC 44-10-031). A manufacturer's informal procedure that substantially complies with 16 C.F.R. Part 703 may be chosen first (RCW 19.118.150); the statute states no period for it. The written request to the manufacturer does not wait for the board.

What you get back

At the consumer's option, a replacement or a repurchase: the purchase price, all collateral charges and incidental costs, less a reasonable offset for use, computed as the miles directly attributable to the consumer's use up to the first attempt to diagnose or repair, times the purchase price, divided by 120,000 (90,000 for a motor home, 25,000 for a motorcycle) (RCW 19.118.041(1)). The manufacturer pays the lessor or lienholder of record as necessary to obtain clear title. The board awards reasonable costs and attorneys' fees where the manufacturer was directly represented by counsel (RCW 19.118.090(6)(b)); on a trial de novo the consumer's recovery includes attorneys' fees and costs, and $25 a day if the manufacturer did not comply and gave no loaner (RCW 19.118.100(3)).

Defenses and other remedies

It is an affirmative defense that the nonconformity does not substantially impair the use, value, or safety of the vehicle, or is the result of abuse, neglect, or unauthorized modifications or alterations (RCW 19.118.090(5)). An agreement that waives, limits, or disclaims the rights is void (RCW 19.118.130). The remedies are cumulative, and "Nothing in this chapter limits the consumer from pursuing other rights or remedies under any other law" (RCW 19.118.070, .140). A violation of the chapter is an unfair or deceptive act for the Consumer Protection Act (RCW 19.118.120).

Washington lemon law: frequently asked questions

What are the repair thresholds under the Washington lemon law?

Four attempts for the same nonconformity or two for the same serious safety defect, in each case with the problem continuing to exist; thirty calendar days out of service, with at least fifteen during the written warranty; or two different serious safety defects, each repaired at least once within twelve months (RCW 19.118.041(2)). At least one attempt must fall during the manufacturer's written warranty period. A motor home has its own counts: one safety attempt or three attempts plus a final repair attempt, or sixty days (RCW 19.118.041(3)).

What deadlines apply in Washington?

The eligibility period is two years from original delivery or the first 24,000 miles (RCW 19.118.021(6)). Manufacturers must submit to arbitration requested within thirty months of original delivery, and the Attorney General's office must receive the request in that time (RCW 19.118.090(3); WAC 44-10-031). After a board decision you have 60 days to accept or reject it and 120 calendar days from a rejection to appeal (RCW 19.118.090(7), (8)). RCW 19.118 states no period for a court action; whether the four-year period of RCW 62A.2-725 applies is not settled in these sources.

Does the Washington lemon law cover motorcycles, trucks, motor homes and later owners?

A motorcycle with an engine displacement of at least 750 cubic centimeters is covered; a smaller one is not (RCW 19.118.021(9)). Trucks of 19,000 pounds or more gross vehicle weight rating are excluded. For a motor home the chapter covers the self-propelled vehicle and chassis but not the living quarters. A later buyer is covered if the purchase was within the eligibility period, and a lessee is covered (RCW 19.118.021(4), (12)).

Do I have to go through arbitration in Washington?

Before filing a superior court action, yes: "A consumer shall exhaust the new motor vehicle arbitration board remedy or informal dispute resolution settlement procedure under RCW 19.118.150 before filing any superior court action" (RCW 19.118.080(3)). You may choose the manufacturer's program first if it substantially complies with the federal Part 703 rules. Separately, the manufacturer has forty calendar days to act on your written request to replace or repurchase (RCW 19.118.041(1)).

What can I recover if my vehicle qualifies in Washington?

Your choice of a replacement or a repurchase: the purchase price, all collateral charges (such as sales tax, unused license, registration and title fees, and finance charges) and incidental costs, less a reasonable offset for use (RCW 19.118.041(1); RCW 19.118.021(2), (7)). The board awards reasonable costs and attorneys' fees where the manufacturer was directly represented by counsel, and a consumer who prevails on a trial de novo recovers fees and costs (RCW 19.118.090(6)(b), .100(3)). The Consumer Protection Act can increase damages up to three times actual damages (RCW 19.86.090).

Statutes cited on this page

• RCW 19.118.021(12) (Definition: "new motor vehicle": self-propelled, bought or leased at retail from a dealer or leasing company in this state; fleet and 19,000-pound truck exclusions)
• RCW 19.118.021(6) (Definition: "eligibility period": two years after original delivery or the first 24,000 miles of operation, whichever first)
• RCW 19.118.041(2) (Reasonable number of repair attempts: statutory presumption; (a) same serious safety defect twice, (b) same nonconformity four times, (c) thirty days out of service, (d) two different serious safety defects in twelve months)
• RCW 19.118.080(3) (the consumer must exhaust the board or an informal dispute resolution procedure before filing any superior court action)
• RCW 19.118.090(1), (3) (a consumer may request arbitration from the attorney general; manufacturers must submit to arbitration requested within thirty months of original delivery)
• RCW 19.118.021(4), (20) (a "consumer" includes a later buyer during the eligibility period; "subsequent transferee")
• RCW 19.118.041(1)(b), (c) (repurchase: the purchase price, all collateral charges and incidental costs, less a reasonable offset for use: miles to the first attempt times the purchase price divided by 120,000)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.